JUDGMENT

Suriyadi Halim Omar J:

The defendants who are husband and wife, also business partners, had stood as guarantors for a sum of money owed by a company called Kin Hup Seng Construction Sdn Bhd to the plaintiff. The former had defaulted, and the defendants thereafter became the soft target of the plaintiff. Both defendants had agreed in their respective agreements, to use the same premises as their last known address. On 13 October 2000 two separate writs and statements of claims were filed, and served, as alleged by the plaintiff against the defendants. In April 2001 the senior assistant registrar had meted out the order of 'judgment in default' against both, as they were absent on the return date. He adjudged that the defendants were to pay the plaintiff RM1,115,149.50 inclusive of interest, and costs of RM225.

The defendants, on 25 July 2002 applied to have that judgment in default set aside but failed, thereafter to be followed by an appeal to the judge in chambers. On 16 January 2003 after hearing the appeal I dismissed it with costs.

Two separate summonses were indisputably posted to that impugned address. Regretfully, as stressed intensely by the defendants, on no accou